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HomeMy WebLinkAboutORD 1997-041 � ORDINANCE NO. 97-41 ���e� � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER 3 AIRPORTS AND AIRCRAFT, ARTICLE IV. ZONING, DIVISION 2, DALLAS- FORT WORTH INTERNATIONAL AIRPORT ZONING ORDINANCE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: � ' Section 1 . That the Grapevine Code of Ordinances is hereby amended by amending Chapter 3 Airports and Aircraft, Article IV. Zoning, Division 2, Dallas-Fort �"� Worth International Airport Zoning by amendments to the following sections: a. Section 3-61 . Definitions, paragraph (g) is hereby amended to read as follows: "(g) Board of Adjustment means the Zoning Board of Adjustment members established in the Appendix D Zoning Ordinance, Section 68 of the Code of Ordinances." b. Section 3-69. Variances, is amended by the addition of a paragraph 2 to read as follows: "The Director of Development Services may allow a variance from these regulations if the U. S. Department of Transportation, Federal Aviation Administration, has reviewed the proposed construction or alteration and has identified that it is not an obstruction under their standards and that it would not be a hazard to air navigation. �� (Cross reference - see also § 2-3)." c. Section 3-71. Board of Adjustment is amended by amending paragraph � (b) to read as follows: ��� � °(b) The Board of Adjustment shall consist of the Zoning Board of Adjustment members established in the Appendix D Zoning Ordinance, Section 68." �.;� d. Section 3-71. Board of Adjustment is further amended by the deletion of paragraph 3-71 (c) in its entirety. e. Section 3-72. Appeals is hereby amended in its entirety to read as follows: "�a) Any person aggrieved, or taxpayer affected, by any decision of a administrative agency made in its administration of airport zoning regulations adopted under this division or city staff, which is of the opinion that a decision of such an administrative agency or city staff is an improper application of airport zoning regulations of concern to such governing body or board, may appeal to the Board of Adjustment authorized to hear and decide appeals from the decisions of such administrative agency or city staff. (b) All appeals taken under this section must be taken within a reasonable time, as provided by the rules of the Board of � R Adjustment, by filing with the Director of Development Services and with the Board of Adjustment, a notice of appeal specifying `�'�" the grounds thereof. The Director of Development Services shall forthwith transmit to the Board of Adjustment all the papers constituting the record upon which the action appealed from was taken. (c) The Board of Adjustment shall fix a reasonable time for the hearing of the appeal, give public notice and due notice to the parties in interest, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or by attorney. (d) The Board of Adjustment may, in conformity with the provisions of these regulations, reverse, or affirm, wholly or partly, or modify, the order, requirement, decision, or determination as ought to be made, and to that end shall have all the power of the administrative agency or Director of Development Services. �. .� (e) The Board of Adjustment shall make written findings of fact and conclusion of law, giving the facts upon which it acted and its legal conclusions from such facts in reversing, or affirming, or � � modifying any order, requirement, decision or determination which comes before it under the provisions of these regulations. ORD. N0. 97-41 2 � � (f) The concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision or determination of the administrative agency or Director �-°� of Development Services to decide in favor of the applicant on any matter upon which it is required to pass under these regulations or to effect any variation in these regulations. (Cross reference - See also § 2-31." f. Section 3-76. Conflicting regulations is amended in its entirety to read as follows: "Where these regulations impose a greater or more stringent restriction upon the use of the land, height of a structure or tree, or the establishing or maintaining of any other airport hazard as herein defined, than is imposed by other ordinances or regulations applicable to the same area or location, the provisions of these regulations shall govern and prevail. The Director of Development Services may approve variances on less stringent restrictions from these regulations if the Department of Transportation, Federal Aviation Administration, has reviewed the proposed construction or alteration and has identified that it is not an obstruction under their standards and that it would not be a hazard to air �° � navigation." �„,.� g. Section 3-78. Amendments is hereby deleted in its entirety. Section 2. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 3. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars (52000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 4. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the �"'° validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. � ORD. NO. 97-41 3 �<�. Section 5. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates ��� an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of May , 1997. APPROVED: --. William D. Tate Mayor ,�.._� ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: tr _ ' �: --% ��,�_...r t, � . .>_......... .. ., . -- . . ti.� , •yti., - � �, _ j _ John F. Boyle, Jr. `� City Attorney �.,,,; � ORD. NO. 97-41 4